Reflections: Lecture 5
Contents
Reference: Legal Perspectives on the Software Industry in a 'Surveillance Economy'
Laws are not constant
The landscape of politics is never stationary. Laws, rules and regulations are constantly added, removed, and modified. Much like the ideology surrounding ethics, there are no absolutes; instead - not only do laws change over time, they vary from place to place; whether it be a council, a state, or even between different countries. As such, when interacting in the public sphere, it is important to be aware of local and foreign laws.
Law needs to be upheld
In order for laws to work, it must be enforced and properly executed. But in order for laws to work well, it must be enforced without exception to all. This notion is a construct within the Rule of Law, where no one is above the law, but in return - that the concept of laws are fair. This is an important requirement, as policies and regulations must continually evolve as the world continually moves forwards.
Law as a framework, not a procedure
A consequence of the law is that political upkeep and enforcement artifacts the mindset of "pointing fingers at the culprit". However at times, there is often unneeded notions of blame that is shifted between parties. It is important to understand that laws and regulations operate in tandem with practices, and are not "what to do" guide, but rather a "what can/cannot be done" notice.
Professional liability
Professional bodies (i.e. Unions, Associations) exist to both protect and moderate workers of certain professions. They outline internal rules and regulations that workers must adhere to. By doing so, these professional bodies function as legal middlemen, who implement and enforce standards such that individuals are supported through professional indemnity in the workforce.
Dataveillance
Dataveillance is the practice of collecting data to perform analysis and surveillance over people, parties and entities. There is much debate about the ethics of surveilling individuals, even when 'informed consent' may be given by an individual. These debates hinge upon the importance of privacy, personal information, security, and the confidentiality of both private and shared information. Such debates have spawned different regulations (such as Data Retention policies (i.e. GDPR)) as an attempted means to keep companies accountable for their use of data collection.